Huber Manufacturing Co. v. Claudel

The opinion of the court was delivered by

Cunningham, J.:

This was an action to recover from Claudel for certain thrashing machinery sold to him by the Ferguson Implement Company. The Ferguson Implement Company was the agent of the Huber Manufacturing Company.

It seems that one G. J. Ferguson, the president of the Ferguson Implement Company, made an oral contract with Claudel for the sale to him of a second*442hand Avery separator which both parties had in mind and which was to have a thirty-two-inch cylinder. After the contract was made Ferguson came to Claudel and presented to him an order for the…